Partly allowed

Sheena, v. State of Kerala

Kerala HC7 Aug 2020Bail Appl./359/2020

Case brief

AI extract

What is this about?

Petitioners withdrew bail application filed under Section 438 Cr.P.C. An offense under SCS T (PA) Act was alleged. The court noted complainants had right of appeal before Special Court. Arrest deferred for three weeks allowing filing before Special Court.

What did the court decide?

Arrest of petitioners deferred for three weeks. Liberty to file bail application under Section 438 Cr.P.C. before Special Court.

Sheena, Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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FRIDAY, THE 07TH DAY OF AUGUST 2020 / 16TH SRAVANA, 1942

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Bail Appl..No.359 OF 2020

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CRIME NO.14/2020 OF Cherthala Police Station , Alappuzha

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PETITIONERS:

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1 SHEENA, AGED 38 YEARS D/O.SADANANDAN, RAMANTHARA, VAYALAR PANCHAYAT WARD - 8, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688 536. 2 SHEEJA, AGED 45 YEARS W/O.SUDHAKARAN, RAMANTHARA, VAYALAR PANCHAYAT WARD-8, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688 536. 3 SANDANANDAN, AGED 85 YEARS S/O.RAMANKUTTY, RAMANTHARA, VAYALAR PANCHAYAT WARD – 8, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688 536. 4 LALITHA, AGED 65 YEARS W/O.SADANANDAN, RAMANTHARA, VAYALAR PANCHAYAT WARD - 8, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688 536.

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BY ADVS. SRI.MANU ROY SRI.DEVADAS H. MALLAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2 THE STATION HOUSE OFFICER, CHERTHALA POLICE STATION, ALAPPUZHA - 688 001. SRI.AJITH MURALI, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BA.No.359/2020

O R D E R

Dated this the 7th day of August 2020

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This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

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Petitioners are the accused in Crime No.14/2020 of Cherthala Police Station. The offence alleged against the petitioners include an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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It is now a settled position that even if the offence under the provisions of SC/ST (PA) Act is alleged against an accused, if primafacie the said offence is not attracted, an application under Section 438 Cr.P.C is maintainable. The bail court can decide whether the offence is prima facie made out or not. A Division Bench of this Court in Sharon A.S & others v.

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State of Kerala (2018 KHC 663) held that if the Special Court consider an application under Section 438 Cr.P.C, the accused have got a right of appeal under Section 14A of the above Act. Considering the above legal position, the learned counsel for the petitioners wants to withdraw this bail

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BA.No.359/2020

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application with liberty to file a bail application before the Special Court. Hence this bail is disposed of with the following directions:

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